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Home My WebLink About20160064 Ver 1_Approval Letter_20160216't; + % :o Water Resources ENVIRONMENTAL OUALITY PAT MCCRORY Go»e!-noi DONALD R VAN DER VAART Secrelary S JAY ZIMMERIVIAN Du ec�oi February 16, 2016 Pender County NCDWR Pro�ect No. 20160064 NCDOT Burgaw Multi-Umt Office State Project No 15-12499-01A APPROVAL of 401 WATER QUALITY CERTIFICATION, with ADUITIONAL CONDITIONS Ms Pnscilla Tyree Wilhams, P E, Director NCDOT Facilities Management Division 2525 Mail Service Center Raletgh, NC 27699-1525 Dear Ms.Wilhams You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of replacing an existmg culvert at the NCDOT Burgaw Multi Office located 750 ft. NW of the intersection of SR 1400 and SR 1344 m Pender County. Site Total Stream Im acts in the Ca e Fear River Basin Pe_r'�aanent Temp�rary PQrmanent Temparary Bank Fi�l in r ill in Fill in Fill in Stabilization Intermittent Intermittent Perennial Perennial Stream Stream Stream Stream (Iinear ft (linear ft) linear ft) linear ft) 0 0 183* 30 16 7'ota� � Stream Stream Impacts Impact Requiring (linear ft) Mitigation 229 I 0 183* � 30 � 16 � 229 � 0 Total Stream Impact for Project: 2291inear feet. *includes 3 lf of additional pipe length and 180 lf of stream channel improvements. Within the 180 If of channel improvements, there is 26 If of bank stabilization. The project shall be constructed in accordance with your application dated received January 13, 2016 and revtsions received on January 15, 2016. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3883. This certification corresponds to the Nationwide Permit 3 tssued by the Corps of Engmeers. In addrtion, you should acquu-e any other federal, state ar local permi�s before you proceed wrth your pro�ect mcluding (but not limited to) Sedunent and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit This approval is valid solely for the purpose and design described in your application (unless modified below) Should your pro�ect change, you must notify the NCDWR and submit a new application. If the property is sold, the new ovvner niust oz giver� a copy of this Certificatzon a�d agproval le�ter, and zs thereby �esponsible far compiying wrth all the conditions. If total wetland flls for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 1501inear feet, compensatory mitigation may be required as described m 15A TiCAC 2H OSOb (h) (6) and (7) For this approval to remain vahd, you must adhere to th� conditions listed in the attached certification and any additioi�al conditions listed below. State of North Cazolma �Environmenfal Qiiahty � Water Resources ' 161I Mail Service Center, Raleigir, Norlh Carolina 27699-1617 Phone 91�-807-6300 Condition(s) of Certification: Project Specific Conditions 1. All work in or ad�acent to s�ream waters shall be conducted in a dry work area Approved BNPi measures from the most current version of NCDOT Construction and Maintenance Activrties manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation m flowmg water [15A NCAC 02H 0506(b)(3) and (c)(3)] 2. Riprap shall not be placed m the streambed m a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and mstalled. [15A NCAC 02H.0506(b)(2)] 3. Where placement of sediment and erosion control devices in wetlands and/or waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project [15A NCAC 02H.0506(b)(3) and (c)(3)] 4. For the 301inear feet of streams bemg impacted due to srte dewatering activihes, the site shall be graded to its preconstruction contours and revegetated with appropriate nahve species [15A NCAC 02H.0506(b)(2)] 5. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable Efforts must be made to mmimize impacts to the stream banks, as well as to vegetarion responsible for mamtainmg the stream bank stability. Any applicable riparian buffer unpact far access to stream channel shall be temporary and be revegetated with nahve nparian species. [15A NCAC 02H 0506(b)(2)] 6. Erosior. control matting p�aced in ripartan areas shall not contain a nylon mPsh grid, which can impmge and entrap small animals. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees Riparian areas are defined as a distance 25 feet landward from top of stream bank. [15A NCAC 02H 0506(b)(3) and (c)(3)] 7 The project shall be constructed m accordance with the provisions of the NCDOT's National Pollutant Discharge Elimmation (NPDES) Stormwater Permit NCS000250, includmg the applicable requuements of the NCGO1000 [15A NCAC 02B.0211] General Conditions 8 Unless otherwise approved m this certification, placement of culverts and other structures m open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts wrth a diameter geater than 48 mches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 mches, to allow low flow passage of water and aquatic life Design and placement of culverts and other structures includmg temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, ad�acent to or upstream and downstream of the above structures. The applicant is requued to provide evidence that the equihbrium is being mamtained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered dw-uig construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [ 15A NCAC 02H.0506(b)(2)] 9. If concrete is used durmg construction, a clry work area shall be mamtained to prevent direct contact between curmg concrete and stream water. Water that madvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills [15A NCAC 02B 0200] 10 During the constniction of the project, no staging of equipment of any kind is permitted in waters of the U S, or protected riparian buffers [15A NCAC 02H 0506(b)(2)] 11. The dunension, pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions [15A NCAC 02H.0506(b)(2)] 12 The use of rip-rap above the Normal High Water Mark shall be mimmized. Any ri�-rap placed for stream stabilization shall be placed m stream channels in such a manner that tt does not impede aquatic life passage [15A NCAC 02H.0506(b)(2)] 13. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval [15A NCAC 02H 0507(c) and 15A NCAC 02H .0506 (b)(2) and (�)(2)l 14 All work in or ad�acent to stream waters shall be conducted m a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowmg water [15A NCAC 02H.0506(b)(3) and (c)(3)] 15 Heavy equipment shall be operated from the banks rather than in the stream cbannel m order to minimize sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)] 16. All mechanized equipment operated near surface waters must be regularly inspected and mamtained to prevent contammation of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials [15A NCAC 02H.0506(b)(3)] 17. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification [15A NCAC 02H.0506(b)(3)] , 18 Discharg.r� h5'�ro�eed miYtures and vvashing o�t h;�cLros�eders zn� other equipment �r_ ar adjacent ±c surface waters is nrohibited [15A NCAC 02H.0506(b)(3)] 19. The permittee and its authorized agents shall conduct rts activities m a manner consistent with State water quahty standards (includmg any requ�rements resulting from compliance with §303(d) of the Clean Water Act) and any other appropnate requirements of State and Federal law If the NCDWR determmes that such standards or laws are not bemg met (mcludmg the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further condrtions are necessary to assure compliance, the NCDWR may reevaluate and modify this certification. [15A NCAC 02B 0200] 20 All fill slopes located m �urisdichonal wetlands shall be placed at slopes no flatter than 3.1, unless otherwise authorized by this certification [15A NCAC 02H 0506(b)(2)] 21 A copy of this Water Quahty Certification shall be maintamed on the construction srte at all times In addrtion, the Water Quahty Certification and all subsequent modifications, if any, shall be mamtamed with the Division Engineer and the on-site project manager [15A NCAC 02H 0507(c) and 15A NCAC 02H 0506 (b)(2) and (c)(2)] 22. The outside buffer, wetland or water boundary located withm the construction corridor approved by this authorization shall be clearly marked by highly visible fencmg prior to any land disturbmg activities Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC 02H 0501 and .0502] 23 The issuance of this �ertificatian does not exempt the Permitt.,e trom complymg with any and all statutes, rules, regulations, or ordmances that may be imposed by other government agencies (i.e local, state, and federal) havmg �urisdichon, including but not limited to apphcable buffer rules, stormwater management rules, so�l erosion and sedimentation c�ntrol requirements, etc 24 The Permittee shall report any v�olations of this certification to the Division of Water Resources withm 24 hours ofdiscoveiy [15ANCAC 02B Q5�6f,b)(2)] 25 Upon completion of the pro�ect (includmg any impacts at associated borrow or waste sites), the NCDOT Division Facilrties D�rector shall complete and return the enclosed "Certification of Complehon Form" to notify the NCDWR when all work mcluded m the 401 Certification has been completed [15A NCAC 02H 0502( fl] 26 Native riparian vegetation must ne reestabhshed m the ripanan areas wrthin the construction Iimits of the pro�ect by the end ofthe growing season followmg completion of construction [15A NCAC 02B.056(b)(2)] 27 There shall be no excavation from, or waste disposal mto, �urisdictional wetlands or waters associated with this permit wrthout appropriate modification Should waste ar borrow srtes, or access roads to waste or borrow srtes, be located m wetlands or streams, compensatory mitigation will be required smce that is a d�rect impact from road construction activities [15A NCAC 02H.0506(b)(3) and (c)(3)] 28 Erosion and sediment control practices must be m full compliance with all specifications governmg the proper design, installation and operahon and mamtenance of such Best Management Practices m arder to protect surface waters standards [15A NCAC 02H 0506(b)(3) and (c)(3]) a. The erosion and sediment control measures for the pro�ect must be designed, installed, operated, and mamtamed m accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual b. The design, installation, operation, and mamtenance of the sediment and erosion control measures must be such that they equal, or exceed, the requ�rements specified in the most recent version of the North Carolina Sedrment and Erosion Control Manual The devices shall be mamtamed on all construction sites, borrow sites, and waste pile (spoil) pro�ects, mcludmg contractor-owned or leased borrow pits associated wrth the pro�ect c For borrow prt sites, the erosion and sediment control measures must be designed, mstalled, operated, and mamtamed m accordance wrth the most recent version of the North Carol�na Surface Mtnrng Manual d The reclama±ior_ rmeasures an�! zmplementatinr_ must compl}� with The reclamation m accer�an�e with the requu-ements of the Sedimentation Pollution Control Act. If you wish to contest any statement m the attached Certification you must file a petition for an admmistrative hearmg You may obtam the petrtion form from the office of Admmistrative hearmgs You must file the petition with the office of Admmistrative Hearmgs wrthm sixty (60) days of receipt of this notice A petition is considered filed when rt is received in the office of Administrative Hearmgs during normal office hours The Office of Admmistrative Hearmgs accepts filings Monday through Friday between the hours of 8�OOam and 5•OOpm, except for official state hohdays The onginal and one (1) copy of the petition must be filed with the Office of Admmistrative Hearmgs The petrtion may be faxed-provided the origmal and one copy of the document is received by the Office of Admimstrative Hearmgs withm five (5) busmess days followmg the faxed transmission The mailmg address for the Office of Admmistrative Hearmgs is Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 431-3000, Facsimile (919) 431-3100 A copy of the petition must also be served on DEQ as follows Mr Sam M Hayes, General Counsel �epariment of Env�ronmeatai Quality 1601 Mail Service Center This letter com�lvtes the review of the D�vision of �JVater Resources under Sectior� 401 of the Clean V`Jater Act. If you have any questions, please contact Mason Hernc�on at (910) 308-402] or mason herndon@ncdeni.gov Si erely, , ,c�" , S Jay Zimmerman, D�rector Divtsion of Water Resources Electromc copy only distribution Brad Shaver, US Army Corps of Engmeers, Wilmmgton Field Office Stoney Mathis, Drvision 3 Environmental Officer Travis Wilson, NC Wildhfe Resources Commission Stephen Lane, NC Division of Coastal Management Richie Brown, Stroud Engineermg File Copy �, 3�6 /,. i Water Resources ENVIRONMENTAL �UALITY NCDWR Project No.: Applicant: Project Name: Date of 7ssuance of 401 Water Quality Certification: County: PAT MCCRORY �101 L'1 Y701 DONALD R VAN DER VAART Secrelmy S JAY ZIMMERIV�AN Uu ecla Certificate of Completion Upon completion of all work approved withm the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the apphcant is required to return this certificate to the 401 Transportation Permittmg Unrt, North Carolma Drvision of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617 This form may be returnzd to NCDWR by the apphcant, the apphcant's authcnzed agent, cr the pro�ect engineer It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used m the observation of the construction such that the construction was observed to be built withm substantial comphance and mtent of the 401 Water Quahty Certification and Buffer Rules, the approved plans and specifications, and other supporting materials S;gnature Bate• Agee�t's Certifca�icr� I, , hereby state that, to the best of my abilrties, due care and diligence was used m the observation of the construction such that the construction was observed to be built withm substantial compliance and mtent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supportmg materials Signature Date Engineer's Certification Partial Final I, , as a duly registered Professional Engmeer in the State of North Carolma, havmg been authonzed to observe (periodically, weekly, full hme) the construction of the pro� ect far the Permittee hereby state that, to the best of my abilrties, due care and diligence was used m the observation of the construction such that the construction was observed to be built withm substantial compliance and mtent of the 401 Water Quahty Certification and Buffer Rules, the approved plans and specifications, and other supportmg materials Signature DatP Registration No State ofNorth Carolma �Env�ronmental Q�aUty � Water Resoi�rces 1017 Mail Service Center. Rale�ah. North Carolina 27699-1617